Are people who oppose death penalty naive?

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Moonbeam

Elite Member
Nov 24, 1999
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There used to be a time when there were no prisons people could be sentenced to for life. Under such circumstances you can't just let killers go free. Death, where it is the only way to protect a society form killers would have to had made imminent sense. Cutting people's hands off for theft was similarly utilitarian when thieves can't be put away.

The duty of society is to prevent crime, to protect people from it. Only what is needed to do that is ethical. Everything else is just pure vengeance and irrational fear.
 

themusgrat

Golden Member
Nov 2, 2005
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Originally posted by: Turin39789

Kant was another century. He's outdated.

I'm here, sorely hoping that this is a fine example of sarcasm. Also, it's very rare that someone is falsely executed. Don't try to pretend that it's all over the place. Our judicial system isn't prefect, but in the case of executions, we give alot of thought to the matter and people have alot of chances to prove themselves innocent.
 

themusgrat

Golden Member
Nov 2, 2005
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Originally posted by: Moonbeam
There used to be a time when there were no prisons people could be sentenced to for life. Under such circumstances you can't just let killers go free. Death, where it is the only way to protect a society form killers would have to had made imminent sense. Cutting people's hands off for theft was similarly utilitarian when thieves can't be put away.

The duty of society is to prevent crime, to protect people from it. Only what is needed to do that is ethical. Everything else is just pure vengeance and irrational fear.

The argument could easily be made that incarcerating a person for the rest of their natural life denies that person of the fundamental characteristics that make him/her human. I don't think people that spend 25 years in prison are really living life during that time, they're just passing through with no hope for anything better.

I could also make the lolside argument that given our current deficit, it's not like we can truly afford to incarcerate people anyway.

edit: Would have better to say that denying people of all forms of freedom denies them of the things that make life worth living, not really being human. But the general idea is the same.
 

sandorski

No Lifer
Oct 10, 1999
70,866
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Originally posted by: loki8481
there's a reason the victim's don't get to decide the punishment in our justice system.

Often when the Victim spurs a Law Change, that Law ends up fucking over a lot of innocent people unintentionally. Such as Rape Laws or even Spouse Abuse Laws. Victims don't think straight, unfortunately, which is why Victim Counselling is so important.
 

Infohawk

Lifer
Jan 12, 2002
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Originally posted by: loki8481
there's a reason the victim's don't get to decide the punishment in our justice system.

Of course we don't want victim's acting as the jurors, but a big message by death penalty opponents in this thread seems to be, "hey, let's not consider how people feel about this." At the very least shouldn't victims' desires inform the debate in some way? We take it into consideration when we give people welfare (i.e., if I lost my job I would want to have benefits.) Why ignore victims of crime?

I doubt anybody has bothered to listen to the interview in the OP but basically you have a typical Democratic death-penalty opponent who actually experienced a loss from murder and changed her view of the system. (She also didn't used to see cops as good guys.) If people used a little more imagination and sympathy, I think they would realize death is a reasonable punishment for truly heinous crimes.
 

Genx87

Lifer
Apr 8, 2002
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I actually dont have a problem with the death penalty. It is the system that worries me. Too many people are tossed onto death row for me to support it 100%.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
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Originally posted by: themusgrat

I'm here, sorely hoping that this is a fine example of sarcasm. Also, it's very rare that someone is falsely executed. Don't try to pretend that it's all over the place. Our judicial system isn't prefect, but in the case of executions, we give alot of thought to the matter and people have alot of chances to prove themselves innocent.

What do you consider as a "very rare" number of false convictions? One? Five? One hundred? YOURS? :shocked:

ONE wrongful execution is one more than should ever happen again. Considering the absolute nature of death and the absolute fallibility of human beings, you're pretty loose about executing someone... as long as it's someone other than yourself. :roll:

Read and learn.

Facts on Post-Conviction DNA Exonerations

There have been 240 post-conviction DNA exonerations in the United States.
  • The first DNA exoneration took place in 1989. Exonerations have been won in 34 states; since 2000, there have been 171 exonerations.
  • 17 of the 240 people exonerated through DNA served time on death row.
  • The average length of time served by exonerees is 12 years. The total number of years served is approximately 2,982.
  • The average age of exonerees at the time of their wrongful convictions was 26.
Races of the 240 exonerees:

142 African Americans
70 Caucasians
21 Latinos
2 Asian American
5 whose race is unknown
  • The true suspects and/or perpetrators have been identified in 104 of the DNA exoneration cases.
  • Since 1989, there have been tens of thousands of cases where prime suspects were identified and pursued?until DNA testing (prior to conviction) proved that they were wrongly accused.
  • In more than 25 percent of cases in a National Institute of Justice study, suspects were excluded once DNA testing was conducted during the criminal investigation (the study, conducted in 1995, included 10,060 cases where testing was performed by FBI labs).
  • About half of the people exonerated through DNA testing have been financially compensated. 27 states, the federal government, and the District of Columbia have passed laws to compensate people who were wrongfully incarcerated. Awards under these statutes vary from state to state.
  • 22 percent of cases closed by the Innocence Project since 2004 were closed because of lost or missing evidence.
Leading Causes of Wrongful Convictions
These DNA exoneration cases have provided irrefutable proof that wrongful convictions are not isolated or rare events, but arise from systemic defects that can be precisely identified and addressed. For more than 15 years, the Innocence Project has worked to pinpoint these trends.

Eyewitness Misidentification Testimony was a factor in 74 percent of post-conviction DNA exoneration cases in the U.S., making it the leading cause of these wrongful convictions. At least 40 percent of these eyewitness identifications involved a cross racial identification (race data is currently only available on the victim, not for non-victim eyewitnesses). Studies have shown that people are less able to recognize faces of a different race than their own. These suggested reforms are embraced by leading criminal justice organizations and have been adopted in the states of New Jersey and North Carolina, large cities like Minneapolis and Seattle, and many smaller jurisdictions.

Unvalidated or Improper Forensic Science played a role in approximately 50 percent of wrongful convictions later overturned by DNA testing. While DNA testing was developed through extensive scientific research at top academic centers, many other forensic techniques ? such as hair microscopy, bite mark comparisons, firearm tool mark analysis and shoe print comparisons ? have never been subjected to rigorous scientific evaluation. Meanwhile, forensics techniques that have been properly validated ? such as serology, commonly known as blood typing ? are sometimes improperly conducted or inaccurately conveyed in trial testimony. In other wrongful conviction cases, forensic scientists have engaged in misconduct.

False confessions and incriminating statements lead to wrongful convictions in approximately 25 percent of cases. In 35 percent of false confession or admission cases, the defendant was 18 years old or younger and/or developmentally disabled. The Innocence Project encourages police departments to electronically record all custodial interrogations in their entirety in order to prevent coercion and to provide an accurate record of the proceedings. More than 500 jurisdictions have voluntarily adopted policies to record interrogations. State supreme courts have taken action in Alaska, Massachusetts, Minnesota, New Hampshire, New Jersey, and Wisconsin. Illinois, Maine, New Mexico, and the District of Columbia require the taping of interrogations in homicide cases.

Snitches contributed to wrongful convictions in 16 percent of cases. Whenever snitch testimony is used, the Innocence Project recommends that the judge instruct the jury that most snitch testimony is unreliable as it may be offered in return for deals, special treatment, or the dropping of charges. Prosecutors should also reveal any incentive the snitch might receive, and all communication between prosecutors and snitches should be recorded. Fifteen percent of wrongful convictions that were later overturned by DNA testing were caused in part by snitch testimony.

The above just discusses convictions disproven through DNA testing. It doesn't account for far more those that predate DNA testing or where such testing is not possible for any number of reasons.
 

Infohawk

Lifer
Jan 12, 2002
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Originally posted by: loki8481
life and death shouldn't be decided based on a victim's anger.

I don't think anyone is saying that if a victim's mother gets hysterical enough in court that one should flip the switch. The issue is whether the suffering of others should inform people when debating and writing laws that apply to equally to everyone.
 

boomerang

Lifer
Jun 19, 2000
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Originally posted by: Infohawk
Originally posted by: loki8481
there's a reason the victim's don't get to decide the punishment in our justice system.

Of course we don't want victim's acting as the jurors, but a big message by death penalty opponents in this thread seems to be, "hey, let's not consider how people feel about this." At the very least shouldn't victims' desires inform the debate in some way? We take it into consideration when we give people welfare (i.e., if I lost my job I would want to have benefits.) Why ignore victims of crime?

I doubt anybody has bothered to listen to the interview in the OP but basically you have a typical Democratic death-penalty opponent who actually experienced a loss from murder and changed her view of the system. (She also didn't used to see cops as good guys.) If people used a little more imagination and sympathy, I think they would realize death is a reasonable punishment for truly heinous crimes.
I was just about to post the quote from the interview.

GROSS: How did that come out by - with the defense attorney. It seems to me he wouldn't want to hear what you had to say.

Ms. BONANNO: Well the defense attorney was a woman, which I found interesting because so much of this is about - for me, obviously was about mother and daughter, and here I was looking into the eyes of a woman who was defending someone who she clearly knew had committed this murder. I found that - I just found that difficult. And I guess part of having your world turned topsy-turvy by murder is that who you used to think of as the heroes and who you used to think of as the enemies aren't necessarily so anymore.

I'm a liberal. You know, I'm a Democrat, I'm a Unitarian, Universalist so I thought - I always thought of police, for example, as a necessary part of society but certainly not the good guys, certainly often in the wrong or often angry. I thought of defense attorneys as the heroes, you know, sticking up for the little guy who wouldn't get a fair trial without them. Well...

(Soundbite of laughter)

Ms. BONANNO: ...I found out through Leidy's death, and through the trial, that my hero became the homicide detective. And the defense attorney, I wondered how she slept at night knowing - because particularly she's a private defense attorney, and so she's choosing to represent this person for money, when I felt in my heart that she certainly knew he had done it.

I heard this as it was broadcast on the radio today. Pretty powerful interview. Terry Gross is one of the best IMO.

Everyone should read the transcript.

 
Oct 25, 2006
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I'm not sure if I'm for or against the Death Penalty. On one hand I have no qualms about killing a guy who has clearly shown himself to be a danger to society. On the other, I think Life without parole is worse punishment than death.
 

themusgrat

Golden Member
Nov 2, 2005
1,408
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Originally posted by: Harvey
Originally posted by: themusgrat

I'm here, sorely hoping that this is a fine example of sarcasm. Also, it's very rare that someone is falsely executed. Don't try to pretend that it's all over the place. Our judicial system isn't prefect, but in the case of executions, we give alot of thought to the matter and people have alot of chances to prove themselves innocent.

What do you consider as a "very rare" number of false convictions? One? Five? One hundred? YOURS? :shocked:

ONE wrongful execution is one more than should ever happen again. Considering the absolute nature of death and the absolute fallibility of human beings, you're pretty loose about executing someone... as long as it's someone other than yourself. :roll:

......

The above just discusses convictions disproven through DNA testing. It doesn't account for far more those that predate DNA testing or where such testing is not possible for any number of reasons.

It sure is a good thing our system is evolving and that we have DNA testing now, I'm sure our system has a much lesser chance of wrongfully executing someone. Which brings me back to your original question, what is considered rare.

First, I was talking about modern times. With all the information police have available to them, it is now rather difficult to make a case to execute someone unless there's alot of evidence linking them to the crime. Back yonder in the olden days, people were executed based upon people's testimonies mainly, and if you wanted to be cynical you could almost call it majority opinion.

Secondly, while 1 wrongful execution is too many, yes, I'll be honest. If I thought that my death would deter people all around the country from murdering and raping, then I prolly would do it. I do know how this sounds, it sounds like some internet guy is being ridiculous, but in all reality I would be fine with dying as a result of some fluke mistake in the judicial system. Oh don't get me wrong, I'd be pissed, but it's something that happens, and if I'm willing that it happen to someone else, I have to accept that it may happen to me. Thankfully, the chances of that happening are so ridiculously small that I don't have to worry about it happening. And if it happened, to me or a friend, first I'm not very objective, but secondly, well depending on the friend, I prolly wouldn't change my views on the matter. Not that you or I really know, I've never been in the situation and haven't really given alot of thought to it.
 

Infohawk

Lifer
Jan 12, 2002
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Originally posted by: boomerang
I heard this as it was broadcast on the radio today. Pretty powerful interview. Terry Gross is one of the best IMO.

Everyone should read the transcript.

Yupor listen to the free podcast on NPR. And just to be clear, the mother doesn't necessarily say she likes the death penalty now. She was glad her state didn't have it so she didn't have to consider it. But it's safe to say it changed her view on the system.

And I think this is an example of how NPR is not implicitly liberal. Sure, you have some self-admitted Democrat poet being interviewed, but you can listen to what she has to say whether or not you're a Democrat or Republican.
 

Siddhartha

Lifer
Oct 17, 1999
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Originally posted by: Infohawk
Poet who opposed death penalty, after murder of daughter, wanted retribution

For those of you that are categorically against the death penalty, do you feel like you can really sympathize with those who have lost someone?
If so, how do you reconcile one's natural (and in my opinion just) desire for retribution with those feelings?

In my opinion many who oppose the death penalty, like the poet in the link used to be, are naive. If something really happened to you, your friends or family, you would want retribution, which many cases can only be the death of the perpetrator.

(Although I'm sure someone will raise the issue, this thread is not about falsely-convicted people. You can argue for higher burdens of proof for capital cases, but for this thread assume that there are cases where the evidence or plea clearly shows guilt.)

Edit: And for those of you who think that retributive justice is only for emotional basketcases I suggest you read what Kant has to say about it.

My cousin who I loved like an older brother was murdered. Both my grandfathers were murdered. I do not support capital punishment which is government sanctioned murder. I do not want my government killing people.

I do not consider myself to be "naive". I think murder is morally and ethically wrong.
 

Darwin333

Lifer
Dec 11, 2006
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Originally posted by: Harvey
Originally posted by: soulcougher73

1 single rope should last a good hundred people before it finally snaps and you have to buy a new one. Plus bullets are cheap as well.

That's not where the cost is. The cost is in the appeals process for legal counsel, court time and the added security required for capital cases. If you think you're willing to forego all that due process, you'Il probably change your mind if you ever have to experience dealing with it from as an wrongly convicted defendant. :shocked:

Originally posted by: DLeRium

I vote for using a firing squad and sending the bill of that to your family. OF course we need some major cost reductions first of all. Execution reform just like health care reform. All it takes is 5 guys with 5 rifles. The cost should be to drive your ass to a field and the cost of shooting 5 bullets... oh and the cost of those 5 guys who get to shoot you (by the hour). I'd say under $1000 no?

< sarcasm >

I vote for testing that theory on you after you're falsely accused, tried and convicted of a capital offense. :roll:

< /sarcasm >

because spending 20 or 30 years being forced to "squeal like a pig" or having all your teeth knocked out so you can't bite the "objects forced into your mouth" sounds sooo much better.

Personally, I would rather death than spending half a lifetime in a place that they send you if the death penalty is even remotely possible. I don't think we are doing the innocent but found guilty any real favors by taking the death penalty off the table in our current system. In all reality, you are probably much better off getting the death penalty if you are truly innocent. You are separated from the people that would do the above to you, automatic appeals and in a lot of states you will be on death row for a decade or more.
 

jpeyton

Moderator in SFF, Notebooks, Pre-Built/Barebones
Moderator
Aug 23, 2003
25,375
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If you support war, do you really think what it would be like to see your family bombed to death during a pre-emptive invasion of your sovereign nation based on false evidence.
 

Harvey

Administrator<br>Elite Member
Oct 9, 1999
35,059
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Originally posted by: themusgrat

It sure is a good thing our system is evolving and that we have DNA testing now, I'm sure our system has a much lesser chance of wrongfully executing someone. Which brings me back to your original question, what is considered rare.

First, I was talking about modern times. With all the information police have available to them, it is now rather difficult to make a case to execute someone unless there's alot of evidence linking them to the crime. Back yonder in the olden days, people were executed based upon people's testimonies mainly, and if you wanted to be cynical you could almost call it majority opinion.

What do you consider "modern times?" Within the last twenty years? I'll save you the trouble of scrolling back to my previous post:

There have been 240 post-conviction DNA exonerations in the United States.
  • The first DNA exoneration took place in 1989. Exonerations have been won in 34 states; since 2000, there have been 171 exonerations.
  • 17 of the 240 people exonerated through DNA served time on death row.

Originally posted by: themusgrat

Secondly, while 1 wrongful execution is too many, yes, I'll be honest. If I thought that my death would deter people all around the country from murdering and raping, then I prolly would do it. I do know how this sounds, it sounds like some internet guy is being ridiculous, but in all reality I would be fine with dying as a result of some fluke mistake in the judicial system.

I don't believe you for an instant. Despite your keyboard bravado, a couple of years on death row would almost certainly change your mind. In fact, I'd be more inclined to think it would be closer to a couple of minutes of the real thing.

Then, I'd still ask you who the fsck you think you are to make that decision for someone other than yourself who was wrongly convicted of a capital offense? :Q

Not that you or I really know, I've never been in the situation and haven't really given alot of thought to it.

Obviously! :roll:
 

shira

Diamond Member
Jan 12, 2005
9,500
6
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I'm opposed to the death penalty - and system of justice surrounding it - because its application in the real world is so inconsistent, so arbitrary, and so fraught with error as to render it grossly unjust. Death-penalty advocates always dream up black-and-white fringe examples that have almost nothing to do with murder cases in the real world.

If everyone facing the death penalty were guaranteed a first-class defense over the entire course of the process, I might be able to accept the limited application of the death penalty. But our justice system in the real world falls so vastly short of that ideal that capital punishment cannot be justified. Period.
 

Infohawk

Lifer
Jan 12, 2002
17,844
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Originally posted by: jpeyton
If you support war, do you really think what it would be like to see your family bombed to death during a pre-emptive invasion of your sovereign nation based on false evidence.

I don't approve of pre-emptive invasions like what we did with Iraq. But generally I do consider how other people would react when I think about international relations. (E.g., I sympathize with both Arabs (mostly) and israelis (somewhat) in the middle-east issues.)
 

blackangst1

Lifer
Feb 23, 2005
22,902
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To answer the OP, Im a Pro Life Christian and against the death penalty. I have given this alot of thought through the years, and IMHO if someone were to do something terrible to a loved one I would want the worst possible punishment possible. Death is an easy out. To me, life without possibility of parole (in solitary would be best, but thats unreasonable under current law) would be far, far worse.

edit: and to add, IMHO only, the death penalty in substance is simply revenge murder. Which the government shouldnt be in the position of performing.
 

Craig234

Lifer
May 1, 2006
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For another example, Ted Kennedy opposed the death penalty before his last brother, Robert Kennedy, was murdered.

But forthe sentencing of the murderer, Sirhan Sirhan, Kennedy wrote a letter to the court - asking for the death penalty not to be imposed.

So, one person changing their position doesn't prove anything about the broader issue.

Who knows why the poet really opposed it beforehand?

The reaction to the evil of killing to want to kill the killer is normal. As with any murder - including the original one by the murderer - the question is whether the sanctity of life will be understood and respected. Sometimes, it's not, and you have a murder. Execute the killer, and you have a second killing.

For those of you that are categorically against the death penalty, do you feel like you can really sympathize with those who have lost someone?

Yes. But I think you mean empathize.

If so, how do you reconcile one's natural (and in my opinion just) desire for retribution with those feelings?

By understanding tht you are making the same mistake the killed did, youare being like the killer, to disrespect life to indulge your empty desire for revenge.

In my opinion, most people do not really have a strong appreciation for the sanctity of life.

So, their restraint on killing is sort of shallow. 'Police accused of shooting too quickly' - well, he was probably guilty, and if not, these things happen, the police have to make quick choices'. 'The President says we're threatened by Grenada and must send in the Marines'. 'Well, why would he want to send them if it weren't true. It's just a bunch of lefties anyway and they'd probably ally with Castro and become little tyrants, so I don't care, like its worth spending time to get informed on some little patch of sand called Grenada.' 'A killer was executed today'. 'Good, I hate those murderers'.

People either have developed the appreciation that all human life is sacred or they haven't.

If they do, they hate the wrong the murderer did, they mourn, they can understand the fury at the terrible, perhaps thoughtless, perhaps selfish, perhaps misguided violence.

Whether the murderer killed out of sexual compulsion, or expressing their anger as a gang member, or as part of a burglary, or as with Bill Cosby's son a basic robbery, or killed a spouse out of some combination of anger and getting insurance money, or because they hated the person's race or that they were gay, or out of the 'defendng of honor' over a bar argument - they pretty much all leave you disgusted with the loss for a bad reason, furious at the person's bad choice, aghast at how much harm some jackass can do.

Sometimes it's as simple as channeling the feelings of loss into anger to view executing the murderer as some way to prove you loved the personthey killed.

One person honors them by taking positive action; another decides they want the murderer killed, and if they don't get that, they will feel there's a huge injustice.

That person does not 'appreciate the sanctity of human life', the fact that their only choice is whether to kill one more person or not.

The bottom line for someone who does understand the sanctity of human life, is that even the disgusting murderer deserves it and killing them is wrong.

And that as wronged as the loved ones are - it's up to them to not kill and deal with their loss another way, and say no to revenge.

In my opinion many who oppose the death penalty, like the poet in the link used to be, are naive. If something really happened to you, your friends or family, you would want retribution, which many cases can only be the death of the perpetrator.

And I'd say you are morally naive, not to understand why you are supporting something wrong. The 'if it happens to you' argument just shows you lack much conviction. That your morals are at some level of 'ya, ya, whatever for others, but if I'm the one affected, then those are out the window and I'll choose differently'. That's the basic cause of bad morals, or hypocrisy. You need to ask yourself some hard questions so you can choose positions that all meet the standard 'the same if it happened to you.'

And when you choose capital punishment, you are not much different than the killer, who had HIS reasons to want to kill.

(Although I'm sure someone will raise the issue, this thread is not about falsely-convicted people. You can argue for higher burdens of proof for capital cases, but for this thread assume that there are cases where the evidence or plea clearly shows guilt.)

It's an important topic, but this thread is about the guilty.

Edit: And for those of you who think that retributive justice is only for emotional basketcases I suggest you read what Kant has to say about it.[/quote]

Your own link raises the same sort of question and challenges the justification of capitali punishment. I'll re-post part of it:

Exactly what Kant means here is not entirely clear. But the general idea seems clear enough: even a person guilty of murder is to be treated with a certain sort of dignity, because even the murderer is still a person -- still an end in himself. Punishments that don't respect the humanity of the criminal are outside the pale of morality. They are not justice, they are pure, unadulterated revenge. And it would be a mistake to confuse what Kant means by "retribution" with revenge. The instinct for revenge is a natural one; so is the instinct to take things we want that don't belong to us, as anyone who has spent time around young children will testify. But morality requires us to rise above our mere instincts. That's what makes it hard to be a virtuous person. And in the sphere of punishment, morality requires that we respect the humanity of the person we are punishing. Naively, it might seem that this is impossible. When I punish someone, I do something that is, in most cases, against their will. I don't respect his wishes and I don't respect his freedom. There is a reply to this. Morality does not entitle us to have all our wishes respected. That is so obvious that it needs no comment. Furthermore, in punishing a wrongdoer, we do respect her freedom: we take seriously the idea that she is responsible for what she did, and was free to do otherwise. In punishing the person, we are showing them a certain kind of respect. In fact, we might go further. Someone who really wishes, as a general principle, that he or she should be able to do bad things and not be punished is someone who hasn't gotten it as far as morality is concerned. We can't both will that wrongdoers should be punished and also will that we be exempt from punishment. So punishing a wrongdoer amounts to respecting his or her "rational will." (Compare: I might be in a self-loathing frame of mind and wish that someone would treat me badly. But if anyone obliges me, they aren't really respecting my humanity; they aren't really treating me as an end in myself.)

I was getting ready with some points such as how you don't address the lack of moral development in the murderer by killing him, but the writer attacked capital punishment:

Notice where this leaves us: on the one hand, punishing a person may be a way of respecting his or her humanity. On the other hand, some forms of punishment violate the humanity of the person being punished, and in the process debase us. But now an interesting question arises. Most is us agree: punishing a torturer by torture is not acceptable. A person in the throes of torture is a person who has, at least for the time being, had their humanity expunged. But the opponent of capital punishment will ask: isn't murder like torture in this respect? After all, a murderer robs his victim entirely of her humanity. But now we must ask: if we execute murderers, might this not be one of those very cases, like torture, in which the jus talionis goes too far? Take a different case. Suppose a particularly savage criminal left his victims alive, but performed some sort of surgery on them that destroyed their mental capacities -- that left them virtually sub-human. Kant would (or should, in all consistency) insist that it would not be appropriate to punish the wrongdoer by subjecting him to the same procedure. The fact that the criminal did not respect the humanity of his victims does not entitle us to rob him of his humanity. But if this is so, one can wonder: how could capital punishment be justified? In killing a murderer, the state takes it upon itself to extract his humanity from him in the most final way. So it is fair to ask: can a system of punishment that really takes the categorical imperative seriously really permit the death penalty? If torture and psychosurgery are not acceptable forms of punishment, why is it that execution still is?[/quote]

Kany may have used some tortured reasoning to justify capital punishment; I'll disagree with him.

That's not all that surprising - that he followed the logic of his principle of universalization some places so far that it was failing to consider the morality in some areas.

Selectivity in applyijng that sort of thing doesn't help, either. The bottom line is, you don't need Kant's arguments either way to understand the issue is the sanctity of life.

There are times that sanctity is not followed for various reasons. Some seem easier to justify; the hostage taker who is a threat to his hostages being shot to protect them.

Others are more and more debatable, as we make compromises - especially in government mbudgets, when choices are made to have a Smithsonian Institution, a funding for art, that improves the quality of life - while not spending that money on programs that would definitely save lives (whether healthcare, more police, etc.)

But we do make those treadeoffs, with a patchwork of logic that isn't clearly right or wrong.

Let's say that I could tell you as a political offical that if you spend $1 million on an educational campaign against drunk driving, it will definitely save 100 lives. That might seem like a good investment. Then I say there are diminishing returns - you need to spend $10 million to save the next ten lives; and you need to spend $100 million to save one life after that.

You might agree or disagree to any of those three levels. But it won't have some really clean logical justification. The fact is that these decisions usually are made for pretty arbitrary reasons, and based on the competing dollars, with plenty of compromises based on less than clear principles. You aren't going to be able to show where Kant said why you should fund this amount and not that. Justifications used tend to be a hodge-podge of selectively appealing to 'personal responsibility' and such.

Our society is filled with a variety of justices and injustices that don't fit a clean moral rule. Those moral rules are more used as convenient, for the partial efforts.

But the morality is rarely more clear than on the question of capital punshment, where it's the most cold-blooded sort of taking of human life - for vengenance, for politics.

If it cost three times more to keep the murderer in prison than to execute him, I'd say we should keeep him in prison. But even for those who do not appreciate the moral reason not to execute him, and would cite money as a factor inthe decision - the facts is, it's reversed - the legal proceedings minimally required by the constitution for capital punishment make it cost on average three times more to execute than to imprison.

In short, I'll repeat my original statement, that IMO, the naivete on the issue lies with the supporters of killing murderers (and others, at times), a moral naivete.

The deterrence argument is interesting in theory - *if* yiou could show that capital punishment saved the lives of other innocent victims by deterring other murderers, would that justify it? I think you can make a case about the other innocnt victims counting for more than the murderers, but I'd have problems with the argument for various reasons - and your own Kant link says it's wrong. But it's theoretical because studies find it does not have that effect.

I think we are obligated not to kill for the reasons capital punishment is supported.
 

Craig234

Lifer
May 1, 2006
38,548
350
126
Originally posted by: Darwin333
[because spending 20 or 30 years being forced to "squeal like a pig" or having all your teeth knocked out so you can't bite the "objects forced into your mouth" sounds sooo much better.

Those abuses are terribly wrong, and we have an obligation to prevent them. You should send a check, IMO, here.
 

themusgrat

Golden Member
Nov 2, 2005
1,408
0
0
Originally posted by: Harvey

..........

I'll be honest, it's really late, I'm tired, and I have no desire to argue with you. You're basically a great troll that still thinks he's serious, I get it. All I want to know is how many of the 17 people exononerated who spent time on death row in 9 YEARS were actually executed. That's a low number. That is a modern time period.

Also yes, I'd rather be killed instantly than have to do years on death row. It's a fucking disgrace, to hell with appeals, I'd rather have 1 month after conviction then I'd be executed.

How do I think I'm making a decision for other people? I'm not you retard, the people who wrote and passed the laws are. And I feel bad for you if you've spent alot of time thinking about what you'd do on death row, I guess to put it bluntly, I'm too cool for that. Have a nice day.
 

Chaotic42

Lifer
Jun 15, 2001
35,328
2,468
126
Originally posted by: Moonbeam
The duty of society is to prevent crime, to protect people from it. Only what is needed to do that is ethical. Everything else is just pure vengeance and irrational fear.

I'd argue it's more humane to be executed than locked in a cell for fifty years.